MOHAMMAD ABBAS Vs. EJAZAN ABDUL RAZZAQ & ORS.

JUDGEMENT

(1.) Heard learned Counsel for petitioner and perused the record. It is stated that petitioner and respondent No. 1 were married on 7.6.1972 at village Aurangabad, District Meerut. The marriage was solemnized according to Law of Shariyat Respondent No. 1, however, was divorced by petitioner on 23.3.1979. Thereafter she filed an application No. 46/11 of 1986 under Sec. 125, Cr. P.C. claiming that 12 years before she was given Talaq by petitioner and thus she should be allowed maintenance at the rate of Rs. 500 per month. The said application was later on transferred to Family Court and was dismissed on 4.9.1991 on the ground that respondent No. 1 being a divorced lady, the said application initially filed before Munsif Magistrate was not maintainable.

(2.) Respondent No. 1, thereafter, filed Original Suit No. 696 of 1980 claiming recovery of Nan Nafqa (maintenance) for the past eight months at the rate of Rs. 100 per month, her Mehar Rs. 32.50 and price of her articles of Jahez valued at the rate of Rs. 6,447. The suit was initially partly decreed on 8.1.1986 for Rs. 332.50 which included a sum of Rs. 32.50 towards Mehar and 300 towards maintenance of Iddat period of three months. Rest of suit was dismissed.

(3.) Respondent No. 1 preferred appeal No. 50 of 1987 which was decided on 2.9.1987 and matter was remanded to Trial Court who thereafter, decreed the suit on 7.1.1993 directing for payment of Rs. 5,304 as price of articles of Jehaz. It also observed that plaintiff's suit for Mehar and maintenance has already been decreed and that shall form part of the judgment dated 7.1.1993.